Oldoerp v. Wells Fargo & Company Long Term Disability Plan et al

Filing 29

ORDER GRANTING 28 Stipulation FOR BENCH TRIAL and Referring matter to a randomly assigned Magistrate Judge for Settlement Conference to occur within 90 days after 2-12-2010. Signed by Judge Jeffrey S. White on 9/8/09. (jjo, COURT STAFF) (Filed on 9/8/2009)

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1 Russell G. Petti, Esq, State Bar No. 137160 EMail: [e-mail] 2 THE LAW OFFICES OF RUSSELL G. PETTI 466 Foothill Blvd., #389 3 La Canada, CA 91011 [phone] (TEL) 4 [phone] (FAX) 5 John C. Breslo, Esq. State Bar No. 163757 Email: [e-mail] 6 The Breslo Law Firm 8426 East Shea Boulevard 7 Scottsdale, Arizona 85260 [phone] (tel.) 8 9 Attorneys for Plaintiff Kerilei R. Oldoerp 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Plaintiff Kerilei R. Oldoerp and defendants Metropolitan Life Insurance 24 Company ("Met Life") and the Wells Fargo and Company Long Term Disability Plan 25 ("the Plan") hereby stipulate to the following: 26 1. On March 6, 2009 this Court set this matter for a Summary Judgment 27 Hearing, set for November 6, 2009 at 9:00 a.m. The Court also set a briefing 28 schedule, with the first briefing due on September 11, 2009; 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) Plaintiff, ) ) VS. ) ) WELLS FARGO AND COMPANY LONG TERM DISABILITY PLAN; ) METROPOLITAN LIFE INSURANCE ) ) COMPANY, ) ) Defendants. _________________________________) KERILEI R. OLDOERP, CASE NO: C 08-05278 JSW STIPULATION AND [PROPOSED] O R D E R TO REMOVE THE SUMMARY JUDGMENT BRIEFING SCHEDULE FROM THE CALENDAR AND SETTING THIS MATTER FOR A BENCH TRIAL ON THE RECORD

STIPULATION AND [PROPOSED] ORDER FOR BENCH TRIAL C 08-05278 JSW

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2.

The parties have met and conferred on this issue, and agree that this

2 matter is probably not amenable to summary judgment, as there are likely to be 3 matters of disputed fact regarding the alleged conflict of interest; 4 6 3. 4. As such, the parties respectfully request that the Summary Judgment Instead of a summary judgment hearing, the parties respectfully request 5 Hearing set in this matter be taken off calendar; 7 that the Court set this matter for a bench trial, which will be conducted on the paper 8 record with whatever additional documentary evidence that the Court determines is 9 appropriate under the applicable standard. The parties estimate that this bench trial 10 will last approximately 2 hours; 11 5. As to the date of the bench trial, as the Court is aware, in its Order of 12 March 6, 2009, it stayed discovery pending resolution of plaintiff's Motion for 13 Discovery. This stay was lifted by the Court in its Order of July 15, 2009, permitting 14 plaintiff to serve discovery; 15 6. Plaintiff served discovery on July 16, 2009, to which Met Life timely 16 responded. However a dispute has arisen as to the nature of the response, which the 17 parties agree should be resolved prior to the commencement of the trial briefing 1 8 schedule; 19 7. As such, the parties respectfully request that the trial of this matter be set 20 for February 12, 2010, so that the parties can resolve the pending discovery dispute 21 prior to the commencement of the briefing schedule. 22 24 25 26 27 28 2 b. 8. a. The parties contemplate that the pretrial process and the trial of this The filing of the written administrative record. The parties stipulate that this should be served and filed on January 8, 2010; The filing of a Memoranda of Fact and Law by each party, which the parties also stipulate should be served and filed on January 8, 2010; 23 matter will consist of the following:

STIPULATION AND [PROPOSED] ORDER FOR BENCH TRIAL C 08-05278 JSW

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c. d. e.

The filing of a Trial Brief (Opposition) by each party, which the parties stipulate should be served and filed on January 22, 2010; The filing of a Reply Brief by each party, which the parties stipulate should be served and filed on January 29, 2010; and A trial on February 12, 2010, which will consist of a two hour hearing before the Court for oral argument (or as much time as the Court deems appropriate). It is So Stipulated DATED: September 3, 2009 SEDGWICK, DETERT, MORAN & ARNOLD, LLP /S/ ______________________________ ERIN CORNELL Attorneys for Defendants Metropolitan Life Insurance Company and the Wells Fargo and Company Long Term Disability Plan

11 DATED: September 3, 2009 12 THE LAW OFFICES OF RUSSELL G. PETTI 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 c. b. 22 is hereby Ordered: a. /S/ ______________________________ RUSSELL G. PETTI Attorneys for Plaintiff Kerilei Oldoerp

ORDER Based on the Stipulation of the Parties, and for Good Cause shown, the following That the Summary Judgment hearing set in this matter for November 6, 2009 be removed from the calender; That, in its place, the Court will set a bench trial on the record, for February 12, 2010; That the written administrative record will be served and filed on January 8, 2010; 3

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d. e. f.

Plaintiff

That each party shall file and serve a Memoranda of Fact and Law by on January 8, 2010; Defendant shall file its memoranda of fact and law and opposition That each party shall file and serve a Trial Brief (Opposition) on January
to Plaintiff's brief by January 22, 2010; Plaintiff shall file its reply and opposition to

12, 2010.

22, 2010;

Defendant's brief by February 5, 2010; and Defendant shall file its reply by February

The Court FURTHER ORDERS that pursuant to Civil Local Rule 72-1 and ADR Local Rule 7-2, this matter is referred to a randomly-assigned magistrate judge to conduct a settlement conference to be conducted within ninety days anytime after February 12, 2010. The Court will set a bench trial, if It necessary, after the settlement conference.is So Ordered IT IS SO ORDERED.

That each party shall file and serve a Reply Brief on January 29, 2010.

68 9 Dated: September __, 2009

___________________________ The Honorable Jeffrey S. White United States District Judge

Wings Hom

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